LTB 515/22 -Disputes with Royal Mail Group - Centrally Driven Suspensions and Conduct Cases against CWU Representatives and Members

[POSTMAN]

LTB 515/22 –-Disputes with Royal Mail Group - Centrally Driven Suspensions and Conduct Cases against CWU Representatives and Members
No. 515/22

22nd December 2022

Dear Colleagues,

Disputes with Royal Mail Group – Centrally Driven Suspensions and Conduct Cases against CWU Representatives and Members

During the course of the disputes there has been an unprecedented and vicious attack on a number of CWU Representatives and members (including picket line supervisors) who have been suspended or are being taken through the conduct code.

The suspensions and conduct proceedings in the main relate to allegations regarding picket line activity and conversations with either agency workers crossing picket lines or in the workplace. To date, in excess of 120 individuals from both Royal Mail and Parcelforce have been suspended, five of whom have since been dismissed.

Following the Joint Statement to establish talks at ACAS and particularly the de-escalating of tensions in the workplace, there were limited examples where a common sense approach resulted in suspensions being lifted and conduct being withdrawn although this proved to be the exception.

Clearly there is a national pattern to these suspensions and conduct cases as most Divisions and Parcelforce Regions feature. There is robust evidence to suggest there is a coordinated drive by RMG on a national basis to target representatives and members for merely partaking in their legal right to strike and speak to agency workers. This is yet another aspect of the Union busting activity aimed at promoting intimidation where those on strike are being scrutinised constantly.

There may be a small minority of cases where suspension and the use of the conduct code could be applicable however in the vast majority of instances we are certain the allegations are scurrilous and fabricated. We have reports of standard letters and question sets being used in cases and the continued breach of procedures taking place in the conduct process for CWU representatives. Local managers are openly referring to the central conduct team as either the ‘Gold Room’ or ‘Gold Command Centre’.

There are cases being reported where local managers are being instructed to instigate conduct cases despite them being reluctant due to a lack of evidence. There are other cases of representatives and members being reinstated following suspension and the conduct then being reopened as a consequence of an intervention via a higher manager arising from a central directive.

The Postal Executive has endorsed the creation of a working group designed to provide a solid support structure for those representatives and members being targeted. Postal Executive members as follows will provide full backing and assistance to all of those going through this appalling experience:

Katrina Quirke will be responsible for compiling the information for all PFW cases.
Tony Bouch and Rob Wotherspoon will be responsible for the South Wales/South West, Midlands and South Central Divisions.
Steve Halliwell and Bobby Weatherall will be responsible for the North Wales/North West, Scotland, Northern Ireland and North East Divisions.
Shelley Banbury and Luke Elgar will be responsible for the South East, Anglia and London Division.
Mick Kavanagh, Vice Chair of the Postal Executive will Chair the meetings of the working group.
Additionally, the attached correspondence has been sent to Zareena Brown, Chief People Officer to express our deep concern in regard to the continued suspensions and conduct code cases. We have also urged RMG to seriously consider our proposal for all cases involving the criteria of gross misconduct to be the subject of an immediate joint review undertaken by the appropriate regional managers and CWU Senior Field Officials.

Any enquiries in relation to the content of this LTB should be addressed to the DGS(P) Department.

Yours sincerely,

Andy Furey

Acting Deputy General Secretary (Postal)

https://www.cwu.org/wp-content/uploads/ ... 515-22.pdf

Attachment-to-LTB-515-22.pdf

[redlen]

To be blunt

What is the point when Royal Mail and the CWU are not even talking to each other and have torn up previous agreements?

Royal Mail has gone nuclear in trying to destroy the CWU, but yet again, let us have another committee meeting and talk about it.

People are demanding action, not words with this dispute.

[portadown]

Can each individual that as been suspended are sacked bye a local manager bring a case against that manager personally in court and seek damages if they win there case and will royalmail back that manager don't think so and they could loss everything

[LaggyBand]

Girl at ours was recently suspended, and now it’s just been lifted, I get the “feeling” that it went from “suspend who you can, we’ll back you up” from higher managers we never see (got good reason to think this) to “get rid of any dodgy suspensions on the books” because of this call for independent review by the union.

So that’s good

[redlen]

Simple answer is no as no loss is being imposed on the employee while suspended.

Suspension is a normal procedural action while a conduct case is investigated.

[Barnacle]

Royal Mail has gone postal, as it were, against the CWU. It wants to break its power and influence, but there are so few employees who are NOT members that when they attack the CWU, it’s actually us the workforce they are trying to crush. We voted overwhelmingly to take IA and so the actions of the CWU are ours.

Every time a manager or some whiteboard enthusiast talks negatively about the CWU they need to be swiftly reminded that it is us they are attacking.

[portadown]

Top managers need to no That's its not only the cwu they are taking on wee are a family and no one will break us it's a shame and disgrace all them yorks full off parcels that I walked passed tonight as i was going home I hope simon and Co are happy that kids are not getting there gifts on Christmas morning absolute disgrace

[49erman]

all them yorks full off parcels that I walked passed tonight as i was going home I hope simon and Co are happy that kids are not getting there gifts on Christmas morning absolute disgrace
[/quote]

ST and his lapdogs don’t care about the kids, they’ll be quite happy tucked up in their million pound mansions on Xmas day with a big fat cigar and a brandy feeling quite chuffed with themselves no doubt……..

[britwrit]

To be blunt

What is the point when Royal Mail and the CWU are not even talking to each other and have torn up previous agreements?

Royal Mail has gone nuclear in trying to destroy the CWU, but yet again, let us have another committee meeting and talk about it.

People are demanding action, not words with this dispute.

It's all part of the paper trail they have to establish.

Plus, by releasing it in public, it's a warning shot. Do you want to hear all this at a tribunal... or in open court?

[redlen]

A Tribunal is a court of Law

Lord Denning

[walthmstowman]

To be blunt

What is the point when Royal Mail and the CWU are not even talking to each other and have torn up previous agreements?

Royal Mail has gone nuclear in trying to destroy the CWU, but yet again, let us have another committee meeting and talk about it.

People are demanding action, not words with this dispute.

I'm wondering in some of those cases if there be a legal case against Royal Mail ?

[walthmstowman]

Can each individual that as been suspended are sacked bye a local manager bring a case against that manager personally in court and seek damages if they win there case and will royalmail back that manager don't think so and they could loss everything

Its exactly the same if you're on driving duties and accidentally commit a driving offence . It could be anything like being caught in a box junction .You're completely on your own .

[redlen]

To be blunt

What is the point when Royal Mail and the CWU are not even talking to each other and have torn up previous agreements?

Royal Mail has gone nuclear in trying to destroy the CWU, but yet again, let us have another committee meeting and talk about it.

People are demanding action, not words with this dispute.

I'm wondering in some of those cases if there be a legal case against Royal Mail ?

The courts do not recognise collective bargained agreements unless explicitly implied as legally binding the express terms of that agreement. The Agenda For Growth Agreement as an example which was a no strike agreement.

The problem being the CWU in calling for a Ballot allowed a get out clause for Royal Mail to tear up those legal undertakings allowing Simon Thompson going nuclear with terms and conditions.

[walthmstowman]

To be blunt

What is the point when Royal Mail and the CWU are not even talking to each other and have torn up previous agreements?

Royal Mail has gone nuclear in trying to destroy the CWU, but yet again, let us have another committee meeting and talk about it.

People are demanding action, not words with this dispute.

I'm wondering in some of those cases if there be a legal case against Royal Mail ?

The courts do not recognise collective bargained agreements unless explicitly implied as legally binding the express terms of that agreement. The Agenda For Growth Agreement as an example which was a no strike agreement.

The problem being the CWU in calling for a Ballot allowed a get out clause for Royal Mal to tear up those legal undertakings allowing Simon Thompson going nuclear with terms and conditions.

It would be interesting to listen to you in a one to one discussion with Dave Ward .

[chrisj]

You are not likely going to be suspended if you stick to the picket line rules and all issues around strikes and strike breakers and management.

Keep your emotions in check and you don't get in trouble. Why try to convince people not to cross a picket; even in the most gentle or relatable way?

Agency workers are on a zero contract; so why would they refuse work - we all still have our jobs, a contract and many protections. Not substantive or trainee managers have no choice.

CWU should stop barking and playing the victim. The end is nigh!